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PROBATE JUDGE'S OFFICE
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Purpose of the Court
Probate is the judicial process for transferring the property of a person who has died (called a decedent). The property is transferred according to either (1) the decedent's Will, or (2) if the decedent died without a Will, according to New Mexico's laws of intestate succession. The Probate Court appoints legally qualified persons, called personal representatives, to manage and settle the decedent's business affairs. Personal representatives pass the deceased person's estate property, real and personal, to the rightful recipients. Rightful recipients might include heirs, devisees named in a valid and current will, or creditors. |
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The Judge
The County Commission appointed Judge Merri Rudd as Bernalillo County Probate Judge, a part-time position, in 2001. She was elected to a full term in 2002. Judge Rudd is a knowledgeable author and teacher of probate and estate planning law in New Mexico. She hosted a show called THE JUDGE IS IN on Gov TV Channel 16 and wrote a column called "Ask the Probate Judge" for the Albuquerque Journal. Her columns are available for free on this web site. |
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The Court Administrator
Lori Frank, long-time skilled legal assistant, manages the Court's day-to-day administration, including financial matters. She often aids attorneys and the public with their inquiries and has a broad knowledge of probate law and the operation of the Court. |
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The Court Legal Assistant
Tony Garcia, previously a Deputy Clerk at the Second Judicial District Court and a former Air Force legal assistant, handles the details of the Court case docket. He also assists pro se applicants, attorneys, and creditors with questions about their cases. |
HELP?
Probate Court cases can be filed with or without the help of an attorney. Do-it-yourself forms are available. These forms can be downloaded here free or purchased for $5.00 from the Court. Sometimes after reviewing the packet of paperwork involved and the responsibilities of serving as personal representative of an estate, people will hire an attorney. Knowing when to obtain competent legal services when needed is essential. The Court can provide information, but not legal services. |
Jurisdiction of the Court
State law limits the jurisdiction of the Probate Courts to:
> Admitting Wills to informal probate
> Appointing personal representatives informally (without a hearing)
> Appointing Special Administrators for estates
> Issuing Certificates of Full Administration of the estate
State law also allows Probate Judges to perform marriages within their county only.
No matter when or where a Will was originally made, you would use the Bernalillo County Probate Court if:
> The decedent was domiciled in Bernalillo County at the time of death (i.e., Bernalillo County was the permanent place of decedent's abode), or,
> The decedent lived outside of New Mexico but owned property in Bernalillo County
Formal probates, determinations of heirship, contested cases, and trust matters cannot be heard by the Probate Court, but instead must be filed in the District Court.
In addition to handling informal probate cases, the Probate Court provides general information on process (how to file), record (what is on file, title searches, will, and genealogy searches) and information about court history. Court staff can give general information about probate and court procedure, but cannot give legal advice about specific cases.
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NEED?
Not all estates require a probate or a personal representative. Much depends on how the decedent's property was titled. But when a probate is necessary, the person seeking appointment as Personal Representative applies to the Probate Court (or the District Court) to obtain authority to act on behalf of the decedent's estate. |
TIME?
Normally, a probate must be filed within three years following the decedent's death. New Mexico law says that no probate may be filed during the first 120 hours (5 days) following the death.
Once a probate case is filed, it should be kept open until all creditors receive notice, make claims, taxes are paid and estate assets are distributed. Once the probate is closed, the Personal Representative no longer has authority to act for the Estate. |
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COST?
The docket fee to file for informal probate in the Probate Court is $30.00. Certification of filed documents is $.50 for each document certified. The court charges $.50 per page to make copies of court paperwork, wills, and other documents. The Court accepts cash, checks, money orders, or cashier's checks.
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Opening a Probate Case
Estate papers (called pleadings), the original Will, if any, and proper payment are presented together to the Court for review and appointment of the personal representative and/or probate of the Will, if any. The initial Application and Acceptance must be signed by the applicant in the presence of a notary public prior to submission to the Court. An original Death Certificate should also be submitted for the Court’s review. Applicants must submit complete, accurate, and truthful pleadings to the Court, either in person or by mail (use certified mail if an original will is being submitted).
Each pleading is presented in order with exact copies clipped behind the original. Usually one to three copies are presented with each pleading filed throughout the case. The Court keeps the original and returns endorsed copies to the filing party.
Once the Judge signs the Order appointing the Personal Representative, the Court issues Letters Testamentary (in cases where the decedent left a valid will) or Letters of Administration (in cases where the decedent did not leave a valid will). These Letters give the Personal Representative legal authority to conduct the decedent's estate business.
Examples of matters to arise in a probate case include, but are not limited to:
> Legally changing title to real property owned by the decedent to name of the new owner(s)
> Legally changing title to personal property, such as bank accounts, stocks, bonds, etc.
> Paying creditors
> Filing decedent's income taxes and estate taxes, if necessary
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